Family Unity Waiver: A Grassroots Toolkit on Changes to the 3- and 10-year Bar

On Friday, January 6, 2012 President Obama and the United States Citizenship and Immigration Service (USCIS) announced their intent to change United States immigration policy in order to help keep families together during sometimes lengthy reviews of visa applications. This announcement marked an important victory for immigrant families and the broader immigrant rights movement, and it was the result of extensive work done by immigrant rights organizations over the last year. Immigrant advocates have called this change the Family Unity Waiver.

Currently, U.S. Citizens and Legal Permanent Residents (LPRs) can petition for their spouses and children to regularize their status. In most cases their relatives need to travel to the U.S embassies in their countries of origin to pick up their visas. As soon as these family members leave the U.S, they will automatically activate the “3 and 10-year Bar” and will not be allowed to come back, unless they apply for a Family Unity Waiver. The waiver process can take months, or sometimes years to win and families face a tough separation during this time.

The new rule change would allow eligible spouses and children of United States citizens to remain in the United States while the federal government reviews their application for waivers to the 3- and 10-year bars.

So far, only an announcement has been made. NO FAMILY IS ELEGIBLE FOR THIS CHANGE UNTL THE OFFICIAL RULE CHANGE IS MADE. We have to petition U.S.C.I.S to make these changes real as well as included Legal Permanent Residents.

Educate your community and get others to support the Family Unity Waiver through your local community organization. Click for presentations in English or Spanish.

Start collecting support letters from affected families. We need letters from U.S. Citizens and Legal Permanent Residents saying why this change is important. Click to see a sample letter in English and Spanish.

Mobilize local elected official, leaders and Members of Congress to write their own letters of support to Director Mayorkas or publish editorials in local papers. Sample editorials from the Seattle Times, Standard-Examiner, and New York Times

Reach out to the media in order to garner support for rule change and to educate your community, especially to avoid notario and attorney fraud.

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